BILL NUMBER: SB 1195	CHAPTERED  09/23/99

	CHAPTER   477
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 23, 1999
	PASSED THE SENATE   SEPTEMBER 1, 1999
	PASSED THE ASSEMBLY   AUGUST 31, 1999
	AMENDED IN ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   JULY 15, 1999
	AMENDED IN ASSEMBLY   JULY 6, 1999

INTRODUCED BY   Senator Hayden

                        FEBRUARY 26, 1999

   An act to amend Section 40451 of, and to add Sections 39047.2,
40451.5, and 40471 to, the Health and Safety Code, relating to air
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1195, Hayden.  South Coast Air Quality Management District:
particulate matter:  reporting:  air quality management plan.
   (1) Existing law, the Lewis-Presley Air Quality Management Act,
requires the South Coast Air Quality Management District to make
specified forecasts, reports, and notifications regarding pollutant
levels, as prescribed.
   This bill would additionally require the south coast district,
commencing July 1, 2001, to include in those forecasts, reports, and
notifications prescribed information regarding levels of particulate
matter 2.5 microns or smaller (PM2.5) that exceed a certain
concentration, thereby imposing a state-mandated local program.
   (2) The act requires the south coast district to adopt a plan to
achieve state and federal ambient air quality standards, as
specified.
   This bill would require the south coast district, within one year
from the date that a new federal ambient air standard for PM2.5 is
adopted, to make a preliminary assessment of the nature of PM2.5 in
the South Coast Air Basin, and to revise its air quality management
plan to include a discussion of how the south coast district's
current strategy and ozone plan will assist the South Coast Air Basin
to make progress in achieving compliance with the 24-hour federal
ambient air standard.  The bill would require the south coast
district board, on or before December 31, 2001, and every 3 years
thereafter, in conjunction with a public health organization or
agency, to prepare a report on the health impacts of particulate
matter air pollution, thereby imposing a state-mandated local
program.
   (3) This bill would incorporate additional changes to Section
40451 of the Health and Safety Code, proposed by SB 25, to be
operative only if SB 25 and this bill are both chaptered on or before
January 1, 2000, and this bill is chaptered last.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 39047.2 is added to the Health and Safety Code,
to read:
   39047.2.  "PM2.5" means particulate matter 2.5 microns and smaller
in size.
  SEC. 2.  Section 40451 of the Health and Safety Code is amended to
read:
   40451.  (a) The south coast district shall use the Pollutant
Standards Index developed by the United States Environmental
Protection Agency and shall report and forecast pollutant levels
daily for dissemination in the print and electronic media.
Commencing July 1, 2001, the south coast district shall also include
in its report and forecast levels of PM2.5 in excess of the 24-hour
federal ambient air standard, as adopted in July 1997, or any
standard adopted by the United States Environmental Protection Agency
that succeeds that standard.
   (b) Using existing communication facilities available to it, the
south coast district shall notify all schools in the South Coast Air
Basin whenever any federal primary ambient air quality standard is
predicted to be exceeded.  Commencing July 1, 2001, using
communication facilities available to it, the south coast district
shall also notify all schools in the South Coast Air Basin when the
ambient level of PM2.5 is predicted to exceed the 24-hour federal
ambient air standard, as adopted in July 1997, or any standard
adopted by the United States Environmental Protection Agency that
succeeds that standard.
   (c) Whenever it becomes available, the south coast district shall
disseminate to schools, amateur adult and youth athletic
organizations, and all public agencies operating parks and
recreational facilities in the south coast district the latest
scientific information and evidence regarding the need to restrict
exercise and other outdoor activities during periods when federal
primary air quality standards and the 24-hour federal ambient air
standard for PM2.5, as adopted in July 1997, or any standards adopted
by the United States Environmental Protection Agency that succeed
those standards, are exceeded.
   (d) Once every two months and annually, the south coast district
shall report on the number of days and locations that federal and
state ambient air quality standards were exceeded.  Commencing July
1, 2001, the south coast district shall also include in that report
the number of days and locations on and at which the 24-hour federal
ambient air standard for PM2.5, as adopted in July 1997, or any
standard adopted by the United States Environmental Protection Agency
that succeeds that standard, is exceeded.
  SEC. 2.5.  Section 40451 of the Health and Safety Code is amended
to read:
   40451.  (a) The south coast district shall use the Pollutant
Standards Index developed by the United States Environmental
Protection Agency and shall report and forecast pollutant levels
daily for dissemination in the print and electronic media.
Commencing July 1, 2001, the south coast district shall also include
in its report and forecast levels of PM2.5 in excess of the 24-hour
federal ambient air standard, as adopted in July 1997, or any
standard adopted by the United States Environmental Protection Agency
that succeeds that standard.
   (b) Using existing communication facilities available to it, the
south coast district shall notify all schools and, to the extent
feasible and upon request, daycare centers in the South Coast Air
Basin whenever any federal primary ambient air quality standard is
predicted to be exceeded.  Commencing July 1, 2001, using
communication facilities available to it, the south coast district
shall also notify all schools in the South Coast Air Basin when the
ambient level of PM2.5 is predicted to exceed the 24-hour federal
ambient air standard, as adopted in July 1997, or any standard
adopted by the United States Environmental Protection Agency that
succeeds that standard.
   (c) Whenever it becomes available, the south coast district shall
disseminate to schools, amateur adult and youth athletic
organizations, and all public agencies operating parks and
recreational facilities in the south coast district the latest
scientific information and evidence regarding the need to restrict
exercise and other outdoor activities during periods when federal
primary air quality standards and the 24-hour federal ambient air
standard for PM2.5, as adopted in July 1997, or any standards adopted
by the United States Environmental Protection Agency that succeed
those standards, are exceeded.
   (d) Once every two months and annually, the south coast district
shall report on the number of days and locations that federal and
state ambient air quality standards were exceeded .  Commencing July
1, 2001, the south coast district shall also include in that report
the number of days and locations on and at which the 24-hour federal
ambient air standard for PM2.5, as adopted in July 1997, or any
standard adopted by the United States Environmental Protection Agency
that succeeds that standard, is exceeded.
  SEC. 3.  Section 40451.5 is added to the Health and Safety Code, to
read:
   40451.5.  On or before January 1, 2001, the south coast district
shall revise its forecasting models to allow the district to predict,
using state-of-the-science techniques, when the 24-hour federal
ambient air standard for PM2.5, as adopted in July 1997, or any
standard adopted by the United States Environmental Protection Agency
that succeeds that standard, may be expected to be exceeded.
  SEC. 4.  Section 40471 is added to the Health and Safety Code, to
read:
   40471.  (a) Within one year from the date that a new federal
ambient air standard for PM2.5 is adopted, the south coast district
shall make a preliminary assessment of the nature of PM2.5 in the
South Coast Air Basin, and shall revise its air quality management
plan to include a discussion of how the south coast district's
current PM10 strategy and ozone plan will assist the South Coast Air
Basin to make progress in achieving compliance with the 24-hour
federal ambient air standard for PM2.5.
   (b) On or before December 31, 2001, and every three years
thereafter, as part of the preparation of the air quality management
plan revisions, the south coast district board, in conjunction with a
public health organization or agency, shall prepare a report on the
health impacts of particulate matter air pollution in the South Coast
Air Basin.  The south coast district board shall submit its report
to the advisory council appointed pursuant to Section 40428 for
review and comment.  The advisory council shall undertake peer review
concerning the report prior to its finalization and public release.
The south coast district board shall hold public hearings concerning
the report and the peer review, and shall append to the report any
additional material or information that results from the peer review
and public hearings.
  SEC. 5.  Section 2.5 of this bill incorporates amendments to
Section 40451 of the Health and Safety Code proposed by both this
bill and SB 25.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 40451 of the Health and Safety Code, and (3) this
bill is enacted after SB 25, in which case Section 2 of this bill
shall not become operative.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
